Council rejects rezoning for Overton Condos
After months of board meetings and council meetings, on Dec. 11, Mountain Brook council members voted to 3-2 to deny the rezoning of the Mountain Brook portion of the proposed Overton Village Condos development, which would have straddled Mountain Brook and Vestavia Hills.
Mountain Brook City Council’s decision was met with applause from the audience whose numbers grew to standing-room only and included both Mountain Brook and Vestavia Hills. This vote came following a public hearing at the Nov. 13 council meeting and a public hearing at tonight's meeting.
Overton Village Condos was originally proposed by developer Ron Durham of Overton Condos, LLC earlier this year as a 41-unit development on 2 acres along Overton Road behind the shopping center containing Magic Muffin. Both condos and townhomes were a part of the plan, with 31 units residing in Mountain Brook and 10 in Vestavia Hills. In order for the development to proceed, the area needed to be rezoned from mixed-use to residential.
A similar plan — one that included a commercial aspect and a greater number of residential units — was approved in 2007, but many residents stated the area in question has changed greatly over 10 years. They said the newly proposed development, although it contained no commercial space and fewer residential units, would not be suitable.
Councilman Billy Pritchard agreed, later proposing to deny the rezoning request, which was supported by council members Alice Womack and Lloyd Shelton. Council president Virginia Smith and councilman Phil Black said they supported the rezoning, stating the development had met all city requirements, and studies by both Sain Associates and Skipper Consulting had shown the development would have little traffic impact in the surrounding community.
The council's vote against the request came after many residents called for the city to reflect on how the development would affect surrounding properties, traffic and schools. Resident Griffin Edwards submitted a petition of more than 600 signatures from both Vestavia Hills and Mountain Brook residents who opposed the development.
“The environment of this particular project is inappropriate,” said Cahaba Heights Community Foundation founder Robert de Buys.
Resident Karl Moor said the discrepancy between the developer and community “an unfortunate collision,” adding that “in its heyday” the development would have been successful. But, due to the nature and growth of the area now, he said it was not suitable for the community.
Durham and his company’s representation for the evening, Charlie Beaver, said that this would fit a transitional-style development to create the village concept.
“It’s a perfect solution to the vacant property that’s there now,” Durham said.
In the end, the majority of council members did not agree, and they voted to reject the rezoning.
Pritchard said he was in favor of certain parts of the project, such as the townhomes, and many other residents said they were as well. The residents, however, said they did not want to see the high-density aspect of the condos, and Moor called for the developers to work with the community.
“We don’t think that this should be resolved … in just a complete shutdown of the system,” Moor said. “Build it with us, not against us.”
Also at council on Dec. 11, council members:
- Approved the minutes of the Nov. 27, 2017 regular meeting of the City Council.
- Approved a resolution authorizing the execution of an agreement between the City and the BJCTA (MAX) with respect to public transportation services for the fiscal year ending Sept. 30, 2018.
- Approved a resolution reappointing John G. Wilson to the Board of Landscape Design, to serve without compensation, with the term of office to end Dec. 12, 2020.
- Approved a resolution appointing Lydia Purcell to the Board of Landscape Design.
- Approved a resolution reappointing Rhett Loveman as a supernumerary member of the Board of Zoning Adjustment, to serve without compensation, with the term of office to end Sept. 22, 2020.
- Approved a resolution Bryan F. Helm to the Finance Committee, to serve without compensation, with the term of office to end Sept. 23, 2021.
- Approved a resolution reappointing William Dean Nix to the Park and Recreation Board, to serve without compensation, with the term of office to end Dec. 10, 2022.
- Approved a resolution authorizing the establishment of a demand deposit account at Iberia Bank for The Emmet O’Neal Library and authorizing signatories for same.
- Approved an ordinance amending the zoning code changing the expiration of a Board of Zoning Adjustment (BZA) variance from 6 months to one year.
- Recommended notifying residents in the following areas for potential stop signs: Cherokee Road and Fernway Road; Country Club Boulevard and Fairway Drive; and Fairway Drive and East Fairway Drive.
- Approved the conditional use for Dawson Development Company at 2416 Canterbury Road. The company will serve as a franchise for a disclosed concierge real estate company.
- Approved a motion approving a professional service agreement with Schoel Engineering for the design of the Shades Creek pedestrian bridge.
- Approved a request by the Friends of Jemison Park for the city to match their contribution in their landscaping plan along Mountain Brook Parkway. In this agreement, both the city and the Friends would contribute $7,500.
- Approved a request by the Friends of Jemison Park for a master plan of the park as designed by Nim Long and Associates. Under the agreement, the Friends will reimburse the city the $7,500 it will cost to create the plan.
- Approved an ordinance amending the zoning code, changing the expiration of a Board of Zoning Adjustment variance from six months to one year.
The next meeting will be on Tuesday, Jan. 9 at 7 p.m., with the premeeting taking place before.